California OAH special education order · March 26, 2019
Order Regarding Statute of Limitations
OAH Case No. 2018090934 · ALJ Clifford H. Woosley
OAH held that neither exception to the two-year statute of limitations applied, limiting Student's claims to issues arising on or after September 25, 2016, after a prior settlement released earlier claims.
This case went to decision
Student v. Southern Kern Unified School District: Southern Kern Unified must fund 190 hours of speech, therapy, and academic support after delayed speech and mental health assessments. (2019)
Summary
Student's due process complaint raised claims going back before September 2008. The prehearing conference order set an evidentiary hearing on whether any exception to the two-year statute of limitations applied. After three days of evidence, ALJ Woosley found that Mother knew or had reason to know the facts behind her claims when she filed an earlier due process case in July 2014. That case ended in a 2014 settlement that released all claims through the 2014 extended school year. Student did not prove that Southern Kern made a specific misrepresentation that it had resolved the problem, or that it withheld required information. As a result, only issues arising on or after September 25, 2016 may go forward.
Why it matters
Parents who want to raise claims older than two years must prove a specific misrepresentation or the withholding of required information by the district. A prior settlement release, or an earlier filing showing that the parent already knew the facts, can defeat attempts to reach older claims.
Key authority cited
- Ed. Code, § 56505, subd. (l)
- 20 U.S.C. § 1415(f)(3)(C)
- 20 U.S.C. § 1415(f)(3)(D)
People named in the order
- Alexa J. Hohensee, Administrative Law Judge (prehearing conference)
- Clifford H. Woosley, Administrative Law Judge (hearing)
- Darren J. Bogie, Attorney for Southern Kern
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Matter of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2018090934 v. ORDER REGARDING STATUTE OF
LIMITATIONS
SOUTHERN KERN UNIFIED SCHOOL
DISTRICT.
Student filed a Due Process Hearing Request on September 25, 2018, with the Office of Administrative Hearings, naming Southern Kern Unified School District and making claims based on conduct occurring since before September 2008. Administrative Law Judge Alexa J. Hohensee convened a prehearing conference on March 11, 2018, with Mother appearing on behalf of Student and attorney Darren J. Bogie appearing on behalf of Southern Kern.
The Order Following Prehearing Conference stated the hearing would commence on March 19, 2019, for the purposes of presenting evidence on whether any exception applied to the two-year statute of limitations in this matter. (Ed. Code, § 56505, subd. (l); see also 20 U.S.C. § 1415(f)(3)(C).) Further, after both parties have presented their evidence on this issue, the ALJ will take a break in the hearing and decide whether Student will be permitted to go forward on issues predating September 25, 2016, or whether those issues are barred by the statute of limitations.
Administrative Law Judge Clifford H. Woosley heard this matter in Rosamond, California, on March 19, 20 and 25, 2019, for purposes of taking evidence regarding the applicability of the two-year statute of limitations. ALJ Woosley now issues his determination regarding the applicability of the statute of limitations to Student’s claims: 1
1. Mother, on behalf of Student, retained counsel and filed a request for due process
hearing naming Southern Kern, on July 14, 2014. At the time of the filing, Mother knew or had reason to know the facts upon which her legal claims are based in this case.
2. Student, by and through the holder or appointee of her educational rights, entered
into an enforceable Settlement Agreement and Release in November 2014, which was approved by the Southern Kern school board on December 3, 2014. The The findings of fact, law, and legal analysis of ALJ Woosley’s determination regarding the statute of limitations will be in the final decision in this matter.
agreement included Student’s release and discharge of all educational claims, known and unknown, through and including the 2013-2014 school year and the 2014 extended school year. Therefore, pursuant to the agreement, Student is barred from asserting educational claims which occurred before the 2014 extended school year.
3. Neither exception to the two-year statute of limitations (20 U.S.C.
§ 1415(f)(3)(D)) applies from the December 2014 release of claims or from the time Mother knew, or had reason to know, the facts upon which her legal claims are based. Student did not prove that Southern Kern made a specific misrepresentation that it had resolved the problem forming the basis of Student’s complaint nor that Southern Kern withheld information that was required to be provided to Parent. The two-year statute of limitations (Ed. Code, § 56505, subd.
(l); see also 20 U.S.C. § 1415(f)(3)(C)) applies to this due process matter.
4. Student is permitted to go forward on issues, as set forth in the Order following
Prehearing Conference, which arose on or after September 25, 2016 (two years before the filing of Student’s due process complaint).
IT IS SO ORDERED.
DATE: March 26, 2019
CLIFFORD H. WOOSLEY
Administrative Law Judge Office of Administrative Hearings